COMMITTEE SUBSTITUTE
FOR
H. B. 2726
(By Delegates Staton, Leach, Compton,
Douglas, Hatfield, Beane and L. White)
(Originating in the Committee on Health and Human Resources)
[February 18, 1999]
A BILL to amend and reenact sections one, two, eight, twelve and
fifteen, article thirty-four, chapter thirty of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to changing the definitions used with
regard to respiratory therapists to bring the code into
compliance with the references used by the national board of
respiratory care.
Be it enacted by the Legislature of West Virginia:
That sections one, two, eight, twelve and fifteen, article
thirty-four, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§30-34-1. License required to practice.
In order to protect the life, health and safety of the
public, any person practicing or offering to practice as a respiratory care technician or licensed, certified or registered
respiratory therapist is required to submit evidence that he or
she is qualified to practice, and is licensed as provided in this
article.
After the thirtieth day of June, one thousand nine
hundred ninety-six, it shall be It is unlawful for any person
not licensed under the provisions of this article to practice as
a
respiratory care technician or respiratory therapist in this
state, to deliver any portion of the description of services or
scope of practice, or to use any title, sign, card or device to
indicate that he or she is a
respiratory care technician or
respiratory therapist. The provisions of this article are not
intended to limit, preclude or otherwise interfere with the
practice of other health care providers including those health
care providers working in any setting and licensed by appropriate
agencies or boards of the state of West Virginia whose practices
and training may include elements of the same nature as the
practice of a
licensed respiratory care technician or a
licensed,
certified or registered respiratory therapist.
§30-34-2. Definitions.
(a) "Board" means the West Virginia board for respiratory
care;
(b) "Formal training" means a supervised, structured
educational activity that includes preclinical didactic and
laboratory activities and clinical activities. The training must
be approved by an accrediting agency recognized by the board. It
must shall include an evaluation of competence through standardized testing mechanisms that the board determines to be
both valid and reliable;
(c) "Graduate respiratory care technician" means an
individual who has graduated from a respiratory care technician
education program and who is scheduled to take the next available
examination administered by the state or a national organization
approved by the board;
(d) (c) "Graduate respiratory care therapist" means an
individual who has graduated from a respiratory therapist
educational program and is scheduled to take the next available
examination administered by the state or a national organization
approved by the board;
(e) (d) "Practice of respiratory care" means the practice
of respiratory care, and any part of respiratory care, by persons
licensed under the provisions of this article and shall be is
limited to that which has been learned through formal or special
training including performance evaluation to evaluate competence.
The practice of respiratory care may be performed in any clinic,
hospital, skilled nursing facility, private dwelling or other
place deemed considered appropriate or necessary by the board in
accordance with the prescription or verbal orders of a licensed
physician or other legally authorized person with prescriptive
authority, and/ or under the direction of a qualified medical
director. Practice of respiratory care includes, but is not
limited to:
(1) The administration of pharmacological, diagnostic and therapeutic agents related to respiratory care procedures
necessary to implement a treatment, disease prevention, pulmonary
rehabilitative or diagnostic regimen prescribed by a physician;
(2) Transcription and implementation of written or verbal
orders of a physician or other legally authorized person with
prescriptive authority, pertaining to the practice of respiratory
care;
(3) Observing and monitoring signs and symptoms, general
behavior, general physical response to respiratory care treatment
and diagnostic testing, including determination of whether such
signs, symptoms, reactions, behavior or general response exhibit
abnormal characteristics;
(4) Based on observed abnormalities, appropriate reporting,
referral or implementation of respiratory care protocols or
changes in treatment pursuant to the written or verbal orders of
a person with prescriptive authority under the laws of the state
of West Virginia; or
(5) The initiation of emergency procedures under the
regulations rules of the board or as otherwise permitted in this
article;
(f) (e) "Qualified medical director" means the medical
director of any inpatient or outpatient respiratory care service,
department or home care agency. The medical director shall be a
licensed physician who is knowledgeable in the diagnosis and
treatment of respiratory problems. This physician shall be
responsible for the quality, safety and appropriateness of the respiratory services provided and require that respiratory care
be ordered by a physician, or other legally authorized person
with prescriptive authority, who has medical responsibility for
the patient. The medical director shall be readily accessible to
the respiratory care practitioners and assure their competency;
(g) (f) "Respiratory care" means the allied health
profession responsible for the direct and indirect services in
the treatment, management, diagnostic testing and care of
patients with deficiencies and abnormalities associated with the
cardiopulmonary system, under a qualified medical director.
Respiratory care includes inhalation therapy and respiratory
therapy;
(h) (g) "Respiratory care education program" means a course
of study leading to eligibility for licensure, registry or
certification in respiratory care and the program is approved by
the board;
(i) (h) "Respiratory therapist" means an individual who has
successfully completed an accredited training program, and who
has successfully completed an a certification or registry
examination for respiratory therapists administered by the state
or a national organization approved by the board and who is
licensed by the board as a licensed respiratory therapist;
(j)"Respiratory care technician" means an individual who has
successfully completed an accredited training program and who
has successfully completed a certification examination for
respiratory care technicians administered by the state or a national organization approved by the board, and who is licensed
by the board as a licensed respiratory care technician; and
(k) (i) "Student respiratory care therapist or student
respiratory care technician" means an individual enrolled in a
respiratory educational program and whose sponsoring educational
institution assumes responsibility for the supervision of, and
the services rendered by, the student respiratory care
practitioner while he or she is functioning in a clinical
training capacity.
§30-34-8. Criteria for licensure.
(a) Upon payment of the proper fees, an applicant for a
license to practice respiratory care shall submit to the board
written evidence, verified by oath, that the applicant:
(1) Has completed an approved respiratory care educational
program; and
(2) Passed an a certification or registration examination,
except where otherwise provided in this article. This
examination may be administered by the state or by a national
agency approved by the board. The board shall set the passing
score for the examination.
(b) The board may also issue a license to practice
respiratory care by endorsement to an applicant who is currently
licensed to practice respiratory care under the laws of another
state, territory or country if the qualifications of the
applicant are deemed considered by the board to be equivalent to,
or greater than, those required in this state.
(c) The board may also issue a license to practice
respiratory care by endorsement to respiratory therapists and
respiratory care technicians holding credentials conferred by the
National Board for Respiratory Care, Inc., or it's its successor
organizations, if the credentials have not been suspended or
revoked. Applicants applying under the conditions of this
section shall be required to certify under oath that their
credentials have not been suspended or revoked.
(d) If an applicant fails to complete the requirements for
licensure within ninety days from the date of filing, the
application is deemed considered to be abandoned.
§30-34-12. Professional identification.
(a) A person holding a license to practice respiratory care
as a technician in this state may use the title "licensed
respiratory care technician" and the abbreviation "LRCT".
(b) (a) A person holding a license to practice respiratory
care as a respiratory therapist in this state who has
successfully completed the entry level examination of the
national board of respiratory care or any successor organization
may use the title "licensed respiratory therapist certified" and
the abbreviation "LRT" "LRTC."
(b) A person holding a license to practice as a respiratory
therapist in this state who has successfully completed the
registry examination of the national board of respiratory care or
any successor organization may use the title "licensed
respiratory therapist registered" and the abbreviation "LRTR."
(c) The board may change the professional identification for
its profession should the accepted reference to the providers of
respiratory care be changed by the national board of respiratory
care or its successor organization.
(d) A licensee shall either show his or her license or
provide a copy thereof within twenty-four hours of a request from
an employer or the board.
§30-34-15. Exceptions.
(a) A person may not practice respiratory care or represent
himself or herself to be a respiratory care practitioner unless
he or she is licensed under this article except as otherwise
provided by this article.
(b) This article does not prohibit:
(1) The practice of respiratory care which is an integral
part of the program of study by students enrolled in respiratory
care education programs accredited by organizations approved by
the board. Students enrolled in respiratory care education
programs shall be identified as "student RCP" and may only
provide respiratory care under clinical supervision;
(2) Self-care by a patient, or gratuitous care by a friend
or family member who does not represent or hold himself or
herself out to be a respiratory care practitioner;
(3) Respiratory care services rendered in the course of an
emergency;
(4) Persons in the military services or working in federal
facilities providing respiratory care services when functioning in the course of their assigned duties;
and or
(5) The respiratory care practitioner from performing
advances in the art and techniques of respiratory care learned
through formalized or specialized training approved by the board.
(c) Nothing in this article is intended to limit, preclude
or otherwise interfere with the practices of other persons and
health care providers licensed by appropriate agencies of the
state.
(d) Nothing in this article shall prohibit prohibits home
medical equipment dealers from delivering and instructing persons
in the operation of home medical respiratory equipment, or from
receiving requests for changes in equipment and settings from
physicians or other authorized individuals.
(e) An individual who passes an examination or successfully
completes training that includes content in one or more of the
functions included in this article is not prohibited from
performing such those procedures for which he or she was tested,
so long as the testing body offering the examination or
training is approved by the board.
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